Bryan Kohberger Response To Demand For Alibi

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Electronically Filed

7/24/2023 5:02 PM
Second Judicial District, Latah County
Julie Fry, Clerk of the Court
Anne C. Taylor, Public Defender By: Tamzen Reeves, Deputy Clerk

Kootenai County Public Defender


PO Box 9000
Coeur d’Alene, Idaho 83816
Phone: (208) 446-1700; Fax: (208) 446-1701
Bar Number: 5836
iCourt Email: [email protected]

Elisa G. Massoth, PLLC


Attorney at Law
P.O. Box 1003
Payette, Idaho 83661
Phone: 208-642-3797; Fax: 208-642-3799

Assigned Attorney:
Anne C. Taylor, Public Defender, Bar Number: 5836
Jay W. Logsdon, Chief Deputy Public Defender, Bar Number: 8759
Elisa G. Massoth, Attorney at Law, Bar Number: 5647

IN THE DISTRICT COURT OF THE SECOND JUDICIAL DISTRICT OF THE


STATE OF IDAHO, IN AND FOR THE COUNTY OF LATAH

STATE OF IDAHO CASE NUMBER CR29-22-2805

Plaintiff, NOTICE OF DEFENDANT’S RESPONSE


TO STATE’S ALIBI DEMAND
V.

BRYAN C. KOHBERGER,

Defendant.

COMES NOW, Bryan C. Kohberger, by and through his attorney of record, Anne C.

Taylor, Public Defender, and hereby files notice in response to the demand for alibi and in

compliance with Idaho Code §19-519 and Idaho Criminal Rule 12.1.

Mr. Kohberger notes that Idaho Code §19-519(4) preserves his Constitutional right to

silence as well as to testify on his own behalf. Mr. Kohberger stands firm on his Constitutional

right as well as the statutory recognition of that right. Noteworthy is that an alibi “indicates a

line of proof by which the defendant attempts to show that he could not have committed the

crime of which he is accused because he was elsewhere at the time.” C.C. Bjorklund, Alibi

NOTICE OF DEFENDANT’S RESPONSE TO STATE’S ALIBI DEMAND Page 1


Defense, 27 Am. Jur. Proof of Facts 2d 431 (2023). A defendant's denial of the charges against

him does not constitute an alibi, but as soon as he offers evidence that he was at some place other

than where the crime of which he is charged was committed, he is raising the alibi defense.

Mr. Kohberger’s defense team continues investigating and preparaing his case. Evidence

corroborating Mr. Kohberger being at a location other than the King Road address will be

disclosed pursuant to discovery and evidentiary rules as well as statutory requirements. It is

anticipated this evidence may be offered by way of cross-examination of witnesses produced by

the State as well as calling expert witnesses.

DATED this ___24____ day of July, 2023.

ANNE C. TAYLOR, PUBLIC DEFENDER


KOOTENAI COUNTY PUBLIC DEFENDER

BY: _________________________________
ANNE TAYLOR
PUBLIC DEFENDER
ASSIGNED ATTORNEY

CERTIFICATE OF DELIVERY

I hereby certify that a true and correct copy of the foregoing was personally served as
indicated below on the ___24____ day of July, 2023 addressed to:

Latah County Prosecuting Attorney –via Email: [email protected]


Elisa Massoth – via Email: [email protected]
Ingrid Batey – via Email: [email protected]
Jeff Nye – via Email: [email protected]

NOTICE OF DEFENDANT’S RESPONSE TO STATE’S ALIBI DEMAND Page 2

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